Smith v. Hutton — 203 N.Y. 594

Majority

p. 594

John B. Smith, Respondent, v. Edward F. Hutton et al., as Copartners under the Firm Name of E. F. Hutton & Company, Appellants.

Headnote

Smith v. Hutton, 138 App. Div. 859 , affirmed.

(Argued October 26, 1911;

decided November 21, 1911.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 14, 1910, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover damages alleged to have been sustained by plaintiff through the failure of defendant stockbrokers to execute his order to sell certain stock.

William F. S. Hart and Millard F. Tompkins for appellants.

Lewis H. Freedman and Albert Stickney for respondent.

p. 595

Judgment affirmed, with costs, on opinion of Miller, J., below.

Concur: Cullen, Ch. J., Haight, Vann, Werner, Chase and Collin, JJ. Dissenting on opinion of Ingraham, P. J., below: Cray, J.